ORDERS:
CONSENT ORDER OF DISMISSAL
WHEREAS, Petitioner Fuller appealed Administrative Order 00-0879-UST pursuant to the Rules for the Administrative
Law Judge Division, contesting the Department's
allegations; and
WHEREAS, Petitioner Fuller has now complied with a portion of Administrative Order
00-0879-UST by providing to Respondent DHEC proof of insurance to fulfill the requirement for submitting a Certificate
of Financial Responsibility and proof of mechanism; and
WHEREAS, Petitioner Fuller has agreed to dismiss this matter; and
WHEREAS, Respondent DHEC agrees to suspend all of the assessed civil penalty in this matter with the exception of two
thousand dollars ($2,000.00), if and only if, all of the provisions of this Consent Order of Dismissal are adhered to within
the time frames outlined in this Order; and
WHEREAS, the parties to this action agree that Respondent DHEC reserves its right to re-institute the entire amount of the
assessed civil penalty in the amount of five thousand, six hundred and seventy-two dollars ($5,672.00), or some portion
thereof, if this Consent Order of Dismissal is not fully adhered to within the time frames outlined in this Order.
NOW THEREFORE IT IS ORDERED, CONSENTED TO, AND AGREED that Petitioner Fuller will do the
following:
- submit to Respondent DHEC a copy of the rectifier log readings and inventory control records for Facility I.D. # 05673, no later than Thursday, October 18, 2001; and
- submit to Respondent DHEC a check in the amount of two thousand dollars ($2,000.00), to fulfill payment of the
reduced, assessed civil penalty, no later than Thursday, November 8, 2001.
IT IS FURTHER ORDERED, CONSENTED TO, AND AGREED, that pursuant to the full compliance of Petitioner
Fuller with this Consent Order of Dismissal, that the issues underlying Administrative Order 00-0879-UST are resolved
and this proceeding is hereby dismissed.
AND IT IS SO ORDERED.
___________________________________________10-25-2001
Ray N. Stevens, Administrative Law Judge Date
WE CONSENT:
____________________________________________________
Robert Fuller, Jr. for Date
Robert Fuller, Jr. and Robert Fuller, Jr. d/b/a
Bobbies J. Mart
____________________________________________________
Etta R. Williams Date
Attorney for SC DHEC
South Carolina Department of Health
and Environmental Control.
2600 Bull Street
Columbia, SC 29201-1708
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